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Robert E. Brandt (WSBA No. 23058, admitted 1993), of Kirkland, received a reprimand effective February 17, 2004, following a stipulation approved by the hearing officer. This discipline is based on Mr. Brandt's failure to provide diligent representation and follow the client's instructions in a personal-injury matter between 1998 and 2001.
In September 1998, Mr. Brandt agreed to represent a client injured in an automobile accident. Shortly after agreeing to a contingent fee, Mr. Brandt learned that the client had pre-existing injuries. Although Mr. Brandt was concerned that the pre-existing injuries would affect the client's case, he did not communicate this concern to her. Mr. Brandt did not answer the client's phone calls or work on her case until February 2000, when he met with the client and reviewed a settlement demand letter. Mr. Brandt did not send the settlement letter or make any other attempts to communicate with the other driver's insurance company. In early 2001, in response to the client's statute of limitations concerns, Mr. Brandt drafted a complaint. Mr. Brandt did not file the complaint prior to expiration of the statute of limitations. In May 2002, the client fired Mr. Brandt and requested that he return her file. Mr. Brandt did not return the client's file. Mr. Brandt did not promptly respond to the Bar Association's requests for information about the grievance, but did appear for his deposition.
Mr. Brandt's conduct violated RPCs 1.2(a), requiring lawyers to abide by the client's decisions concerning the objectives of the representation; 1.3, requiring lawyers to diligently represent their clients; 1.4, requiring lawyers to keep clients reasonably informed of the status of their matters; 1.15(d), requiring lawyers to take reasonable steps to protect clients' interests upon withdrawal from representation; and RPC 8.4(l) and ELC 5.3, requiring lawyers to promptly respond to requests for information during disciplinary investigations.
Anthony Butler represented the Bar Association. Mr. Brandt represented himself. Teena Killian was the hearing officer. |